Address notification requirements and domestic violence restraining orders: How to comply with conflicting orders

 Question:

 Do I still have to notify the other parent about moving pursuant to the relocation statute if there is a domestic violence restraining order and my address is confidential?

 

Answer:

 

The statute states that the notice requirement applies in all parenting rights and responsibilities cases unless specifically addressed otherwise in the parties’ existing order or agreement. If there is a court order stating that you do not have to comply with the relocation law, then no notice is needed. Similarly, if the move results in your moving closer to the other parent and there is no change in school placement, then no notice is needed pursuant to the relcoation statute. You may, however, need to provide notice of your address change pursuant to provisions in the court order requiring parents to keep each other updated on address and contact information.

 

If you are required to provide notice of the address change, then you must comply and provide notice of the move to the other parent. If you are concerned about releasing your address, the best approach would be to provide notice of the move by providing the town or city location only, and not the street address, and file a motion with the court to seek permission not to disclose the full address. Presumably, the other parent has the right to know what schools the children are attending, so the information about the town or city will most likely need to be disclosed.

 

Remember, this is a basic answer to a basic question. Each family matter is unique, and has a specific set of facts which might change the above answer. In order to make sure that you arein compliance with court orders and New Hampshire law, you should seek advice from an attorney who is able to review your situation with you.

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